The Veteran is seeking an earlier effective date for spousal benefits based on his remarriage, but the Board has ordered a remand to search for any documentation of a telephone contact in April/June 2002. The matter also involves the propriety of overpayments from November 2001 divorce to March 1, 2006.
The deciding factor: The Court instructed that a search should be conducted for any Form 119 or equivalent documentation of a telephone contact in April/June 2002 and for the applicable laws and regulations pertaining to overpayments from November 2001 divorce to March 1, 2006.
- Claimed conditions
- Dependents' Benefits
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 9, 2011
- Citation
- 1122476
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1122476.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has determined that the overpayment of VA compensation benefits for dependents was not properly created due to VA's failure to notify the Veteran of his divorce and remarriage, resulting in an overpayment. The appeal is granted.
- Denied
The Board found that the Veteran was not at fault in creating the overpayment and denied his request for a waiver of overpayment, as recovery would not be against equity and good conscience.
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